alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         410,299
<SECURITIES>                                         0
<RECEIVABLES>                                   47,242
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               910,577
<PP&E>                                      15,794,172
<DEPRECIATION>                               7,570,126
<TOTAL-ASSETS>                               9,340,491
<CURRENT-LIABILITIES>                          698,592
<BONDS>                                     11,261,224
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (2,619,325)<F1>
<TOTAL-LIABILITY-AND-EQUITY>                 9,340,491
<SALES>                                              0
<TOTAL-REVENUES>                             3,797,303
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,563,414
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,079,161
<INCOME-PRETAX>                                154,728
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            154,728
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   154,728
<EPS-PRIMARY>                                       10<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>This entity is a limited partnership. The Other Stockholder Equity line
represents total Partnership equity.
<F2>The EPS Primary line represents net income per limited partnership unit.
</FN>



</TABLE>
#### Elest WHITAKER, Appellant, v. The STATE of Texas, Appellee.

No. 28816.

Court of Criminal Appeals of Texas.

Feb. 13, 1957.

Karl Cayton, by Jack Q. Tidwell, Lamesa, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

*601BELCHER, Commissioner.

The conviction is for the possession of intoxicating liquor in a dry area for the purpose of sale with a prior conviction for an offense of like character alleged for the purpose of enhancement; the punishment, six months in jail and a fine of $600.

The disposition hereof makes unnecessary a summary of the facts.

Appellant timely objected to and here complains of the trial court’s failure to define the term “prima facie evidence” in its charge to the jury.

Where the state relies upon the quantity of liquor possessed to show the purpose of such possession as it did in this case, upon objection to such failure, a definition of the term “prima facie evidence” should be given in the charge to the jury. Floeck v. State, 34 Tex.Cr.R. 314, 30 S.W. 794; Caldwell v. State, 101 Tex.Cr.R. 75, 273 S.W. 608; Uptmore v. State, 116 Tex. Cr.R. 181, 32 S.W.2d 474; Smith v. State, 117 Tex.Cr.R. 303, 36 S.W.2d 532; Brown v. State, 118 Tex.Cr.R. 208, 39 S.W.2d 51; Seay v. State, 134 Tex.Cr.R. 255, 115 S.W.2d 418.

Appellant further contends that the trial court erred in permitting the state to use a prior conviction for an offense of like character a second time for the purpose of enhancing the penalty. Since Kinney v. State, 45 Tex.Cr.R. 500, 78 S.W. 225, 79 S.W. 570, this court has consistently held that a prior conviction for an offense of like character can be successfully used only one time for the purpose of enhancing the penalty. Miller v. State, 139 Tex.Cr.R. 406, 140 S.W.2d 859; Cothren v. State, 139 Tex.Cr.R. 339, 140 S.W.2d 860; McGill v. State, 160 Tex.Cr.R. 324, 269 S.W.2d 398; Evans v. State, 160 Tex.Cr.R. 517, 272 S.W.2d 732. In this connection, we further observe that a misdemeanor conviction for driving while intoxicated may be used more than once for the purpose of charging a felony under Art. 802b, Vernon’s Ann.P.C. Hill v. State, 158 Tex.Cr.R. 313, 256 S.W.2d 93; Johnson v. State, 160 Tex.Cr.R. 290, 269 S.W.2d 393.

Other contentions presented by the appellant are not discussed as they likely will not arise on another trial.

The judgment is reversed and the cause is remanded.

Opinion approved by the Court.
Exhibit 32.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly
Report of First Security Bancorp, Inc. (the First Security) on Form 10-QSB for
the period ending March 31, 2005, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, R. Douglas Hutcherson, President and Chief
Executive Officer of First Security, certify, pursuant to 18 U.S.C. section 1350, as
adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)    
          The Report fully complies with the requirements of section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and

(2)    
          The information contained in the Report fairly presents, in all material
          respects, the financial condition and results of operations of First Security.

|                    |                                                            | 
|------------------- | ---------------------------------------------------------- | 
|Date:  May 11, 2005 | /s/ R. Douglas Hutcherson                                  | 
|                    | R. Douglas HutchersonPresident and Chief Executive Officer |
### The Honorable Harry F. Barnes, United States District Judge 1 

### for the Western District of Arkansas. ___________ No. 96-3357

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Willie James Jones, * [UNPUBLISHED] * Appellant. *

___________ Submitted: December 20, 1996 Filed: January 6, 1997

___________ Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Willie James Jones appeals the 108-month sentence imposed by th e distr ict court after he pleaded guilty to one count of distributin g 1 cocaine base, in violation of 21 U.S.C. § 841(a)(1). He argues that his base offense level sh ould have been determined using, at most, the weight of cocaine base involved in the five counts of t he indictment, rather than including seven unindicted transactions as relevant conduct. We affirm.

The district court did not clearly err in finding that the eleve n other transactions we re relevant conduct under U.S. Sentencing Guidelines Manual § 1B1.3(a) (1995). See United States v. Ballew , 40 F.3d 936, 943 (8th Cir. 1994) (standard of review), cert. denied , 115 S. Ct. 1813 (1995) . The Guidelines provide that

### -2-

the base offense level "shall be determined on t he basis of . . . all acts and omissions . . . that were part of the same c ourse of conduct or common scheme or plan as the offense of conviction." U.S. Sentencing Guidelines Manual § 1B1.3(a)(2) (1995). Furthermore, "in a drug distribution case, quantities and types of drugs not specified in t he count of conviction are to be included in determining the offense level if they were part of the same course of conduc t or part of a common scheme or plan as the count of con viction." U.S. Sentencing Guidelines Manual § 1B1.3, comment . (backg'd.) (1995). Here, Jones sold cocaine base on twelve occasions within a five -month period in the same geographic area. See U.S. Se ntencing Guidelines Manual § 1B1.3 , comment (n.9) (1995) (factors showing same course of conduc t include similarity, repetitions, and temporal proximity of acts). The les s than three-fold increase in sentencing range that resulted from considerin g this relevant conduct does not raise due process concerns. See Unite d States v. Galloway , 976 F.2d 414, 426 (8th Cir. 1992) (en banc). Accordingly, we affirm the judgment of the district court. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.2



Certification of Chief Financial Officer pursuant to U.S.C. Section 1350, as adopted pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002



In connection with this quarterly report on Form 10-Q of OPNET Technologies, Inc. (the Company), I, Mel Wesley, Chief Financial Officer (Acting) of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |     |  |                                 
|----------------------- |  | --- |  | --------------------------------
|Dated: February 9, 2005 |  | By: |  | /s/ Mel Wesley                  
|                        |  |     |  | Mel Wesley                      
|                        |  |     |  | Chief Financial Officer (Acting)



A signed original of this written
statement required by 18 U.S.C. Section 1350 has been provided to OPNET Technologies, Inc. and will be retained by OPNET Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Consent of Independent Registered Public Accounting Firm





Function(x) Inc.


New York, New York


We hereby consent to the incorporation by reference in the Registration Statements on Form S­3 (No. 333-201952) and Form S-8 (No. 333-182978, No. 333-186570, No. 333-199423 and No. 333-207339) of Function(x) Inc. (formerly known as Viggle Inc.) of our report dated September 28, 2016, relating to the consolidated financial statements, which appears in this Annual Report on Form 10-K. Our report contains an explanatory paragraph regarding the Company’s ability to continue as a going concern.








/s/ BDO USA, LLP


New York, NY


October 12, 2016





R-221 (6/14)
EXHIBIT32.2

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

       Inconnection with the Annual Report of Petrol Oil and Gas, Inc. (the"Company") on Form 10-QSB for the period ended March 31, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, David Polay, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 

/S/DavidPolay            

DavidPolay

ChiefFinancial Officer

May 17,2004
# C_2016353EN.01000101.xml

| 27.9.2016 | EN | Official Journal of the European Union | C 353/1 |
| --- | --- | --- | --- |

27.9.2016

EN

Official Journal of the European Union

C 353/1

---

EUROPEAN PARLIAMENT

EUROPEAN PARLIAMENT

2015-2016 SESSION

Sittings of 18 to 21 May 2015

The Minutes of this session have been published in

  OJ C 217, 16.6.2016
  .

The Minutes of this session have been published in

OJ C 217, 16.6.2016

TEXTS ADOPTED

Sitting of 27 May 2015

The Minutes of this session have been published in

  OJ C 237, 30.6.2016
  .

The Minutes of this session have been published in

OJ C 237, 30.6.2016

TEXTS ADOPTED

---
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<PAGE>


                                                                   EXHIBIT 10.53

[SINCLAIR COMPANY LOGO]

                            FIRST AMENDMENT TO LEASE
                       CONFIRMATION OF LEASE COMMENCEMENT

      This Memorandum is made on January 5, 2000, between KS-611, LLC (Lessor),
and Brentwood Communications, an Oaklahoma Corporation (Lessee), who entered
into a lease dated for reference purposes as of August 6, 1999, covering certain
premises located at 810 Lawrence Drive, Suite 100, Newbury Park, California, as
more particularly, described in the Lease

      1.    The parties to this Memorandum hereby agree to confirm the
            establishment of the Commencement Date and Expiration Date of the
            Term as follows:

            a) The date of January 10, 2000 is the "Commencement Date" of the
            Term;

            b) The date of March 9, 2005 is the "Expiration Date of the Term.

      2.    Lessee hereby confirms the following:

            a) That it has accepted possession of the Premises pursuant to the
            terms of the Lease:

            e) That he Lease is in full force and effect.

m ! THOUSAND OAKS
BOULEVARD 3W-9116
THOUSAND OAKS, CALIFORNIA
91380 FAX: twit) 373.0361

                                 Page One of Two

<PAGE>

Page Two of Two

      3.    This Memorandum, each and all of the provisions hereof, shall Inure
            to the benefit, or bind, as the case may require, the parties
            hereto, and their respective heirs, successors, and assigns subject
            to the restrictions upon assignment and subletting contained in the
            Lease.

LESSOR                                  LESSEE

KS-611, LLC                             Brentwood Communications, An
                                          Oaklahoma Corporation

By: ________________________________    By: /s/ David Catlin
    Keith Sinclair                      ----------------------------------------
    Its: As President. KS-700           David Catlin
    Corporation of Manager              Its: President Its

Date: ______________________________    Date: __________________________________
I 

112TH CONGRESS 

1ST SESSION H. R. 1553 

To include Livingston, Union, and Stephenson Counties in Illinois to the 

Lincoln National Heritage Area, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2011 

Mr. JOHNSON of Illinois (for himself, Mr. MANZULLO, and Mr. COSTELLO) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To include Livingston, Union, and Stephenson Counties in 

Illinois to the Lincoln National Heritage Area, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ADJUSTMENT OF BOUNDARIES OF LINCOLN 

4 NATIONAL HERITAGE AREA. 

5 (a) BOUNDARY ADJUSTMENT.—Section 443(b)(1) of 

6 the Consolidated Natural Resources Act of 2008 (Public 

7 Law 110–229; 16 U.S.C. 461 note) is amended by insert8 ing ‘‘, Livingston, Union, Stephenson,’’ after ‘‘Warren’’. 


sroberts on DSK69SOYB1PROD with BILLS
2 

•HR 1553 IH

1 (b) MAP.—The Secretary of the Interior shall update 

2 the map referred to in section 443(b)(2) of the Consoli3 dated Natural Resources Act of 2008 to reflect the bound4 ary adjustment made by the amendment in subsection (a) 

5 of this section. 

Æ 


sroberts on DSK69SOYB1PROD with BILLS
<PAGE>   1
 
                                                                      EXHIBIT 23
 
                         INDEPENDENT AUDITORS' CONSENT
 
The Board of Directors
The Clothestime, Inc.:
 
     We consent to incorporation by reference in the registration statements
(Nos. 2-90248, 2-92111, 33-3304, 33-24130, 33-31971, 33-34972, 33-43530,
33-43531, 33-69656 and 33-81432) on Form S-8 of The Clothestime, Inc. of our
report dated March 21, 1997, relating to the consolidated balance sheets of The
Clothestime, Inc. and subsidiaries as of January 25, 1997 and January 27, 1996,
and the related consolidated statements of operations, shareholders' equity
(deficiency) and cash flows for each of the years in the three-year period ended
January 25, 1997, which report appears in the January 25, 1997 annual report on
Form 10-K of The Clothestime, Inc.
 
     The consolidated financial statements have been prepared assuming that the
Company will continue as a going concern. As discussed in Note A to the
consolidated financial statements, The Clothestime, Inc. and certain of its
subsidiaries (collectively, the "Debtors") commenced reorganization cases by
filing voluntary petitions for relief under chapter 11 of the United States
Bankruptcy Code in the United States Bankruptcy Court for the Central District
of California (the "Bankruptcy Court") on December 8, 1995. The Debtors are
currently operating their respective businesses as debtors-in-possession under
the jurisdiction of the Bankruptcy Court and continuation of The Clothestime,
Inc. and its subsidiaries as a going concern is contingent upon, among other
things, the ability to (1) formulate an acceptable plan of reorganization that
will be confirmed by the Bankruptcy Court, (2) achieve satisfactory levels of
profitable operations and (3) maintain compliance with the debtor-in-possession
financing and generate adequate sources of other liquidity, as described in Note
A to the consolidated financial statements. These contingencies and the
uncertainties inherent in the bankruptcy process raise substantial doubt about
the ability of The Clothestime, Inc. and its subsidiaries to continue as a going
concern. The consolidated financial statements do not include any adjustments
that might result from the outcome of these uncertainties.
 
                                          /s/ KPMG PEAT MARWICK LLP
 
Orange County, California
April 24, 1997
Exhibit 32.2



CERTIFICATIONS OF CHIEF FINANCIAL OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT



PACIFIC MERCANTILE BANCORP



Quarterly Report on Form 10-Q

for the Quarter ended September 30, 2005



The undersigned, who is the Chief Financial Officer of Pacific Mercantile Bancorp (the Company), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter ended September 30,
2005, as filed by the Company with the Securities and Exchange Commission (the Quarterly Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and 15(d) of the Exchange
Act; and (ii) the information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                       |  |  |  |                                                                                                                                                                                                                            
|---------------------- |  |  |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|                       |  | 
|Date: November 8, 2005 |  |  |  | /s/ NANCY A. GRAY                                                                                                                                                                                                          
|                       |  |  |  | Nancy A. Gray, Chief Financial Officer                                                                                                                                                                                     
|                       |  | 
|                       |  |  |  | A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange
Commission on its staff upon request.